Casewatch List

Southern Cross Electrical Engineering v Steve Magill Earthmoving [2018] NSWSC 1027 FACTS Southern Cross Electrical Engineering (the Plaintiff) and Steve Magill Earthmoving (the Defendant) entered into a Subcontract whereby the Defendant would perform excavation and trenching works (the Works). The Subcontract was a construction contract for the purposes of the Building and Construction Industry Security […]

SANDERS and GEMMILL HOMES PTY LTD [2017] WASAT 41 FACTS On July 2016, the original Tribunal dismissed two complaints brought by the Geoffrey Frank Sanders (Sanders) against Gemmill Homes Pty Ltd (Gemmill Homes) and found a third complaint of faulty workmanship to be successful. Sanders sought an order from the original Tribunal requiring work to […]

SHADE SYSTEMS PTY LTD v PROBUILD CONSTRUCTIONS (AUST) PTY LTD (NO 2) [2016] NSWCA 379 FACTS The adjudicator had made a determination in favour of Shade Systems in the amount of $277,755.03, and in arriving at that amount had rejected Probuild’s claim for liquidated damages that would have otherwise offset the entire adjudicated amount. Probuild […]

You are required to enter into a major domestic building contract in Victoria, when the total cost is $5,000 or more and you carry out domestic building works which includes building; Repairs; Improvements; Maintenance; Demolition; and/or Removal. Before you sign a domestic building contract, there are a number of things that you should check. 1. Is the builder registered with […]

Due to the widespread construction of high density apartments and townhouses there has also been an increase in the construction of balconies. Balconies are susceptible to water damage which can lead to damage to the internal elements of the building. The defective construction of balconies has become an increasingly common dispute affecting owners’ corporations. In this article we look […]

Court cases are expensive and that legal costs could escalate to an intolerable level. Lawyers will often recommend alternative dispute resolution options – mediation being one. Mediation allows parties to remain in control of their own disputes and outcome while facilitating parties to tell their side of the story to the other party and the […]

A recent VCAT decision highlights the need for builders to carefully follow engineering drawings when undertaking site excavation and to ensure that proper drainage is installed to stop water reaching the foundation of the slab to prevent the possibility of slab heave. Background to the Dispute Ms Watson was the Owner of a house located […]

Expert evidence has been identified as one of the principal sources of expense, complexity and delay in civil proceedings. In this article we l outline the consequences that can happen to one of the parties when an “expert” is found to less than objective and not an expert. The moral of the story is to […]

In a recent decision of the Supreme Court of NSW, NSW Land and Housing Corp v DJ’s Home and Property Maintenance (In Liq) the Court considered: whether a payment withholding request under the Building and Construction Industry Security of Payment Act (the Security of Payment Act) constituted a charge over funds due to be paid […]